Summary On 10 March 2020 the Court of Appeal upheld the Competition Appeal Tribunal’s (CAT) quashing of the Competition and Markets Authority’s (CMA)  decision that Pfizer and Flynn Pharma (Flynn) had abused their dominant positions in the market by pricing their epilepsy drug unfairly. Among other aspects, the Court of Appeal broadly upheld the CAT’s…

Whilst the EU-UK trade negotiations have barely commenced, one thing is already quite clear: the two sides are poles apart on the key issue of level playing field (LPF) provisions and the extent to which these should feature in a future EU-UK free trade agreement.  The aim of these provisions, as originally set out in…

As you are aware, the UK will be leaving the EU this Friday 31 January (Exit Day). The CMA has published guidance on how Brexit affects the CMA’s powers and processes for antitrust enforcement and merger control during the Transition Period, towards the end of that period, and after it ends. The guidance also explains…

UK Competition Appeal Tribunal Judgment: Pushing the Envelope on Abuse of Dominance The CAT’s Royal Mail v Ofcom judgment considers what constitutes abusive conduct, the “as-efficient competitor” test, and the use of expert economic advice.   On 12 November 2019, the UK Competition Appeal Tribunal (the CAT) published its judgment rejecting Royal Mail’s appeal against…

In his letter to Government[1] from February this year, the Chairman of the UK Competition and Markets Authority (“CMA”) proposed the introduction of a mandatory and suspensory notification regime in the UK for “larger mergers”. The adoption of this proposal would result in the creation of a hybrid regime in the UK, with the notification…

Much has been written of the heightened risk of gun-jumping enforcement by competition regulators overseeing mandatory suspensory merger regimes.  This article will examine why merger parties and their advisers must also be alive to ‘gun-jumping’ risks in jurisdictions where pre-merger notification is voluntary and there are no automatic standstill obligations. Alongside the succession of ‘gun-jumping’…

At the time of writing, there is still a lot of uncertainty as regards the question of whether the United Kingdom will leave the European Union with an exit deal on 31 October 2019.  However, what is clear is that State aid regulation will continue in the UK irrespective of the way in which the…

The England and Wales Court of Appeal has overturned the Decision of the United Kingdom Competition Appeals Tribunal (CAT) in the collective proceedings Walter Merricks v MasterCard, where final consumers are represented by Merricks. This is an important decision because it ensures that financial damages are recoverable when a firm’s anti-competitive practices affect millions of…

In March 2019, the UK Competition and Markets Authority (“CMA”) issued its first fine on a company for concealing relevant evidence during a dawn raid, fining Fender Musical Instruments Europe Limited (“Fender”) £25,000.  This is the latest example of a trend among competition authorities to hold companies accountable for dawn raid procedural violations, (see, for…

Summary On 14 March 2019, the UK Competition and Markets Authority (CMA) decided to close its investigation into a discount scheme by Merck Sharp & Dohme Limited (MSD).[1] The CMA concluded that there were no grounds for it to take action, since MSD’s discount strategy was not likely to limit competition in anticipation of the…